HARISH CHANDRA ARYA Vs. STATE AND OTHERS

JUDGEMENT

(1.) Informant Harish Chandra Arya lodged an FIR on 04.05.2001, in police station Lalkuan, District Nainital, enumerating the facts contained therein that he belongs to a community of Scheduled Caste and was working in the Century Paper Mill, Lalkuan. Informant was residing in an official accommodation, near VIP Gate, allotted to him by his employer. On 01.05.2001, at about 06:30 A.M., when the informant was returning from the factory to his house, some antisocial elements used casteist remarks against him. Vikram Singh, Ajay Sony, Vijay Sony, Dharmendra Mishra, Manoj Kumar and Chandra Shakher alongwith 8-10 more people assaulted informant Harish Chandra Arya with kicks, fists and sticks. The informant fell down on the ground. Vikram Singh and Ajay Sony exhorted that the informant should be killed and thrown into river Gola. Many a people assembled there and intervened. Injured was taken to dispensary of Lalkuan Century Paper Mill. Considering the serious condition of the informant, he was referred to Soban Singh Jeena Base Hospital, Haldwani.

(2.) On the basis of the complaint of informant Harish Chandra Arya, police registered case crime no. 342 of 2001 under Sections 147, 323, 504, 506 of IPC read with Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. After investigation, a chargesheet was submitted against the accused persons in respect of offences punishable under Sections 147, 307 / 149, 506 of IPC and under Section 3(1)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Special Court took the cognizance on the chargesheet and after hearing the accused persons, charged them for the offences complained of against them. All of them pleaded not guilty and claimed trial.

(3.) PW1 Harish Chandra Arya (complainant/injured), PW2 Anokhey Lal Gangwar (eyewitness), PW3 Chandan Singh (eyewitness), PW4 Navin Chand, PW5 H.C. Mahesh Pal, PW6 S.I. Narayan Singh (Investigating Officer) and PW7 Dr. M. Anwar (Medical Officer) were examined on behalf of the prosecution. Dr. P.C. Pheloria was summoned by the Special Court under Section 311 of Cr.P.C. Dr. P.C. Pheloria was thus examined as court witness. Chik FIR (Ext. Ka-2), copy of GD (Ext. Ka-3), site plan (Ext. Ka-4), chargesheet (Ext. Ka-5), injury report (Ext. Ka- 7), copy of ultrasound (Ext. Ka-8) and supplementary injury report (Ext. Ka-9) were proved on behalf of the prosecution. Incriminating evidence was put to the accused persons under Section 313 of Cr.P.C. in which they said that they were falsely implicated in the case. No evidence was given in defence. After examining the evidence on record, learned Special Judge acquitted accused persons of the charges under Sections 307 / 149, 506 of IPC and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Accused persons were however convicted for the offences punishable under Section 323 / 149 and 147 of IPC. Aggrieved against the said order, complainant Harish Chandra Arya moved the criminal revision before this Court, which was numbered as CRLR No. 164 of 2005.